aparently the filter I had with berry was to strong for him...thats why he only went up a little while...I removed it and now he's swiming on the top of the tank no problem now...unfortunately this also means I don't have a filter...then again...I'm doing 50% water changes a day...so I don't think he's getting his water dirty enough to cause any problems with out a filter...he seems much MUCH happier without it...